What If I Was Bitten by a Police K-9 in Michigan?

Police K-9 bite cases involve constitutional law, governmental immunity, and unique procedural rules that don’t apply to other dog bite cases.

The Short Answer

Police K-9 bite claims are more complex than typical dog bites — they involve civil rights law under 42 U.S.C. § 1983, governmental immunity doctrines, and Michigan’s strict liability statute. Recovery is possible but requires specialized legal handling. The constitutional standard is whether the K-9 deployment was reasonable under the Fourth Amendment. If the deployment was excessive force, you have both a civil rights claim and a personal injury claim. The deadlines are tight — sometimes 6 months for notice of claim against governmental entities.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

Police K-9 bites are among the most complex personal injury cases in Michigan. They involve overlapping legal frameworks that don’t apply to private dog bites — federal civil rights law, state tort claims, governmental immunity, and Michigan’s strict liability statute all interact. Getting the right attorney involved early is critical.

The constitutional claim under Section 1983

42 U.S.C. § 1983 allows individuals to sue when their constitutional rights are violated by government actors. Police K-9 deployment is governed by the Fourth Amendment’s prohibition on unreasonable seizures. Courts apply a “reasonableness” test — was the use of the K-9 reasonable under the circumstances?

Common scenarios where K-9 deployment is found excessive:

The suspect was already surrendered or compliant when the K-9 was deployed
The K-9 was kept biting after the suspect was subdued
The K-9 was deployed against an innocent bystander or wrong person
The crime being investigated was minor and didn’t justify K-9 use
The handler failed to give adequate warning before deploying the K-9

Governmental immunity in Michigan

Michigan has a strong governmental immunity doctrine that protects government employees acting within their scope of employment. For state-law claims, this immunity is significant. However:

Federal Section 1983 claims override state immunity
Gross negligence is an exception to immunity
Acts outside the scope of authority are not immune
Some K-9 deployments fall under the “motor vehicle” exception

Strict liability application

Michigan’s strict liability statute (MCL 287.351) refers to “the owner of any dog” without an exception for police agencies. In theory, the statute applies to law enforcement K-9s the same as private dogs. In practice, courts have applied governmental immunity to limit recovery, but the analysis varies significantly by case.

Critical first steps

If you were bitten by a police K-9 in Michigan:

Get medical care immediately — K-9 bites cause severe injuries and warrant ER treatment
Document everything — police body camera footage may exist; request preservation
Don’t make statements to investigators without an attorney
File a Notice of Intent to Sue — Michigan requires this within 6 months against governmental entities
Get a lawyer experienced in civil rights AND dog bite law — this is critical

What This Means for Your Case

K-9 bite cases are pursuable, but they require attorneys who understand both personal injury and federal civil rights law. The deadlines are tighter than for typical dog bite cases. The legal analysis is more complex. And the defendant — a police department — typically has more resources and more aggressive defense counsel than a typical dog owner.

If you were bitten by a police K-9 in Michigan, call us immediately. The 6-month notice requirement is a strict deadline — missing it can end your case before it begins.

Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.